Determining Liability in Pedestrian Accidents

Both pedestrians and vehicle operators have rights and responsibilities on our streets. The most pertinent laws regarding the obligations of each party include:

• Drivers and bicyclists must yield to pedestrians on sidewalks and on crosswalks.

• Pedestrians must use sidewalks where available. If there are no sidewalks, they must walk on the side of the road facing oncoming traffic.

• Pedestrians cannot suddenly leave the sidewalk and enter into traffic so that an oncoming vehicle cannot stop.

• Pedestrians, unless directed otherwise by a traffic or police officer, must obey all traffic signals and traffic control devices.

• A driver of a vehicle shall exercise due care to avoid colliding with any pedestrian on any roadway and shall give a warning by sounding the horn when necessary.

• Drivers must exercise proper precaution upon observing any child or any obviously confused or incapacitated person on a roadway.

• Drivers must stop for pedestrians at intersections to allow pedestrians to cross the road, whether there is a marked or unmarked crosswalk.

• Pedestrians outside of crosswalks must yield to drivers.
  
  

Establishing Negligence

You must show that the at-fault driver was negligent if you have been injured while out as a pedestrian. If the driver broke the law or failed to obey the rules listed above, that can be a strong indication that the driver failed to exercise reasonable care and was negligent.

To prove negligence in Washington, you must establish three elements:

• The defendant (the at-fault driver) owed the pedestrian a duty of reasonable care;

• The defendant breached their duty to exercise reasonable care; and

• The defendant’s breach caused the pedestrian’s injury. 
   

Comparative Fault in Washington

Washington recognizes a standard of “pure comparative fault.” This means that both the driver and the pedestrian can share in the fault of the accident.

For instance, if you’re a pedestrian who fails to exercise proper care, you could be judged partially (or wholly) at fault for the injuries you suffered. Say you’re walking next to the sidewalk rather than on it, and a driver who is texting while driving strikes you. In a court case, you might be found to be 20% at fault and the driver 80% for distracted driving.

If the total amount awarded is $100,000, the sum will be reduced by your percentage of fault. In other words, you would receive only $80,000. One of our Issaquah pedestrian accident attorneys can help you determine any potential fault that may be used against you in a lawsuit.

Damages Available to the Pedestrian

If you prevail in court in a pedestrian injury case, you could be entitled to both economic and non-economic compensation. Economic damages include your medical expenses, lost wages, and any property damage. Non-economic damages include factors that are not as easily quantifiable, such as pain and suffering and loss of consortium (companionship).
 

Statute of Limitations

It is important to note that the statute of limitations in Washington for filing a personal injury lawsuit is three years. This is why it's so important to reach out to a legal team, like our experienced pedestrian accident attorneys in Issaquah for insurance claim help as soon as you can.